InternationalTelecommunicationUnion

ITU HIPSSA Project: Support for ITU HIPSSA Project: Support for Harmonization of the ICT Policies in Sub-Harmonization of the ICT Policies in Sub-

Sahara Africa; Sahara Africa; Transposition of e-Transposition of e-

transaction Model Law to Zambiatransaction Model Law to Zambia,,

Key Objectives of the Bill-e-transaction

facilitate the appropriate use of e- transactions; promote business and community confidence in e-

transactions fosters the development of e-commerce through the use

of electronic documents and secure e-signatures; provides for e-filing and submission of documents with

public sector Agencies and promote efficient delivery of public sector services and good governance(promote e-government)

establishes the legal infrastructure (e.g.PKI) necessary to implement secure electronic commerce and to remove legal uncertainties over writing, original documents original evidence and signature requirements

promote the public and consumer confidence in the use

PART I Part one provides for preliminary provisions-

Sections 1-5 Short title and commencement-s-1 Application-Union-s-2 Interpretation-definitions of key terminologies –s-3 Scope of the application-what transactions covered? .Are

there any exclusion? –s-4 (negotiable instruments, title deeds, bills of lading, wills, certificates)??????

Aims of the Bill/Act -5 & Annexture

PART TWO: EQUIVALENCE OF WRITTEN AND E-DOCUMENTS, E- COMMUNICATION, MANUSCRIPT AND DIGITAL SIGNATURES

This Part provides functional equivalence between signatures, writing etc

& data message, e-signatures Provides on how traditional functions under

paper based method could be fulfilled through e-commerce techniques.

Non-discrimination against e-information-6 Writing requirements-7 Signature requirements-8

Examples of statements/provisions on functional equivalence

Where a law requires information to be in writing, that requirement is met by an electronic communication

Where a law requires the signature (manuscript) of a person, that requirement is met by a secure e-signature

PART THREE, E-GOVERNMENT SERVICES

This Part recognizes and promotes e-government services-functional

equivalence: Sections 12-19 Acceptance of e-filling, digital signatures

and issuing of documents in MDAsprovides for a manner of payment (e.g.e-

payment)E-communications

publication of document electronically instead of government Gazette

recognition of e-service delivery

examples of statements of provisions with functional

equivalence (SS-17-10)a) Where any law requires any document to be

served, sent or delivered Physically or using paper-based methods , the requirement of the law is fulfilled by the service, sending or delivery of the document by an electronic means if an information….

b) Where any law requires any payment to be made Physically or using paper-based methods, the requirement of the law is fulfilled if the payment is made by an electronic means and complies with any conditions imposed by the Government

PART IVADMISSIBILITY AND EVIDENTIAL WEIGHT ELECTRONIC EVIDENCE

This part gives legal recognition of electronic evidence. E-evidence is admissible and given weight under the BEST Evidence Rule: Sections 20-31

Admissibility and evidentiary weight-20 How to meet requirement of primary evidence(Best Evidence Rule) establishes both the admissibility of data messages as evidence in legal proceedings and

their evidential value. provides useful guidance as to how the evidential value of data messages should be assessed Conditions & rules of e-evidence e.g. integrity & reliability emphasizes the importance of the integrity of the information to form for the basis of

admissibility sets forth the criteria for assessing integrity, Requirement to produce an original document -25

E-ballot

PART V: LEGAL RECOGNITION OF EONTRACTS/DISTANCE SELLIG CONTRACTS

This part recognizes formation of contracts/agreements electronically-sections 32-42

Determines when& where the contract is concluded-38 Determines time & place of dispatch-38,41 Communication of proposal, offer and acceptance

electronically Formation & Validity of e-contracts -35 Contract of sale by online auction-40 Exclusions from application & Freedom of contract Is not intended to interfere with the law on formation of

contracts but rather to promote international trade by providing increased legal certainty as to the conclusion of contracts by electronic means.

Examples of statements/legal provisions on functional equivalence in contracts

1.Where the law or any rule requires the contract of sale to be made offline with the requirement of fall of hammer or when the thing is knocked down as methods of obtaining the winner or last bidder as specified under any Law, that requirement is met by online auction using the time

2. unless otherwise agreed by the parties, an offer and the acceptance of an offer may be expressed by means of electronic communications.

3. Where an e-communication is used in the formation of a contract, that contract shall not be denied validity or enforceability on the sole ground that an electronic record was used for that purpose

PART VI CONSUMER PROTECTION This part provides for The duties of suppliers to consumers

online-S-43 Online consumers are protected under this part. It provides for the rights consumers online The law obliges suppliers to provide the following information: full contact details, including its place of business, e-mail

addresses and telefax number(s); main characteristics of the goods or services offered the full price of the goods or services, including transport costs,

taxes and any other fees or costs; payment system that is sufficiently secure with reference to

accepted technological standards at the time of the transaction any terms of agreement and the manner and period within which consumers can access and maintain a full record of the transaction

Consumer rights

Cancellation right-S-44-A consumer has a right o cancel without reason and without penalty any transaction and any related credit agreement for the supply

review the entire electronic transaction withdraw from the transaction, before finally placing

any order Section 44 (2) The only charge that may be levied

on the consumer is the direct cost of returning the goods.

Unsolicited goods, services or communications

a) Regulates Unsolicited goods, services or communicationsb) Protects consumers and other parties against Unsolicited

goods, services or communications 46 (2) Unsolicited commercial communications may only be

sent to addressees where the opt-in requirement is met 46 (3) The opt-in requirement will be deemed to have been

met where:a) the addressee’s e-mail address and other personal

information was collected by the originator of the message “in the course of a sale...

b) the originator only sends promotional messages relating to its “similar products and services” to the addressee

c) the opportunity to opt out is provided by the originator to the addressee with every subsequent message

PART VII CRYPTOGRACY PROVIDERS AND SECURE E-COMMUNICATIONS AND E-

SIGNATURES

1)Deals with Registration of cryptography providers

2)Secure electronic signature3)Cross-reference with Data Protection Act:e.g

restriction on disclosing of information

PART VIII REGULATION OF CERTIFICATION AUTHORITIES

Certification authority (CA), is an entity that issues digital certificates(DCs). CA is a trusted third party that is trusted by both the subject (owner) of the certificate and the party relying upon the certificate

The DCs certifies the ownership of a public key. Indicates whether public key corresponds to the Private

keya)Regulates and licensing of certification authoritiesb)Recognition of foreign certification authoritiesc)Empowers the Minister to make regulations-Sections 56

PART IX ACCREDITATION AND RECOGNITION OF AUTHENTICATION

SERVICE PROVIDERS

This Part mainly Provides for: Powers and duties of Accreditation

Authority Criteria for accreditation S-64 Revocation or suspension of accreditation

S-65

PART X DOMAIN NAME AUTHORITY AND ADMINISTARTION SERVICE PROVIDERS

Establishment and incorporation of .zm domain name authority-S-68

Functions and responsibility of the authority –S-69

Requirement of registration, Licensing of registrars and registries

Power of the Minister to make Regulations Regarding registries,

Dispute resolution

PART XI: GOVERNANCE AND STAFFING OF AUTHORITY

Provides for: Board of directors of Authority Staff of the Authority Powers to make Regulations regarding

the domain name registration entity

PART XII: LIMITATION OF LIABILITY OF SERVICE PROVIDERS

1)Regulates intermediaries 2)Provides limited liability and defences to

intermediaries based on the following factors

Knowledge Mere conduit Caching Hosting Take-down notification

PART XIII: INTERCEPTION OF COMMUNICATIO

Empowers law enforcers to accessing information

Provides for grounds and reasons for accessing information

 Prohibition of discloser of intercepted communication

PART XIV: ACCESS TO STORED COMMUNICATION

Regulates interception of communication Provides limited liability and defences to

intermediaries based on the following factors

Knowledge Mere conduit Caching Hosting Take-down notification

PART XV: POWERS OF THE MINISTER

Electronic evidence must meet certain criteria to Empowers the Minister in collaborations with others MDAs to make Regulations for effective implementations of the Act

PART XVI: REPEALING & SAVING PROVISIONS

. all parts that deal with e-transactions

under the current Act will be repealed Exclusion/exception on certain

transactions that need paper-based transactions

CONCLUSION: PARTS PRESENTED FALL UNDER THREE MAJOR PILLARS

1)ENABLING2)E-COMMERCE3)E-TRANSACTIONS

THANK YOU VERY MUCHTHANK YOU VERY MUCH Adam Mambi ITU International Consultant/ Expert for drafting

e-transactions Bill

adammambi@yahoo.co.uk Mobile: +255768291302/+255713291302

Union Internationale des Télécommunications International Telecommunication Union